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Electronic Surveillance Is Short-Circuiting Employment and Labor Law

Electronic Surveillance Is Short-Circuiting Employment and Labor Law

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Electronic surveillance and automated management should not be understood as merely imposing some new, discrete set of harms on workers. Rather, pervasive employee monitoring should be seen as fundamentally altering the employment context in a way that threatens a wide range of employment and labor law protections. From worker safety, compensation, and classification to workplace discrimination and disability policy, policymakers and regulators must ensure that longstanding protections remain effective in the face of new technology.

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Weekly Roundup: February 2, 2023
Weekly Roundup

Weekly Roundup: February 2, 2023

Ann Sarnak kicks off a symposium on workplace surveillance and collective resistance, Karen Levy looks at the layering of government, employer, and commercial surveillance in the trucking industry, and Sarrah Kassem examines employee monitoring in Amazon’s growing platform ecosystem. Plus, the best of LPE from around the web, including new pieces by. . .

Labor Under Many Eyes: Tracking the Long-Haul Trucker
Symposium

Labor Under Many Eyes: Tracking the Long-Haul Trucker

By

In 2017, the United States government required that all long-haul truck drivers install electronic logging devices. While this mandate had only limited success in making the roads safer and reducing trucker fatigue, it provided a foundation for additional surveillance by employers and other profit-seeking companies. This layering of government, employer, and. . .

Weekly Roundup: January 27, 2023
Weekly Roundup

Weekly Roundup: January 27, 2023

The scourge of algorithmic wage discrimination, racial capitalism in the civil courts, and some LPE highlights from around the web, including David Pozen, Tim Barker, and an on-going symposium at Notice & Comment.

The House Always Wins: The Algorithmic Gamblification of Work
Essay

The House Always Wins: The Algorithmic Gamblification of Work

By

Recent technological developments are transforming the basic terms of worker compensation. Rather than receive a salary or predictable hourly wage, workers in the on-demand economy are often paid using opaque and constantly fluctuating formulas, allowing firms to personalize and differentiate wages in order to influence worker behavior. These payment schemes. . .

Weekly Roundup: January 20, 2023
Weekly Roundup

Weekly Roundup: January 20, 2023

Barry Maguire on the alienation objection to efficient markets, Evelyn Atkinson on Telegraph Torts, and eight friends of the blog on the FTC’s proposed rule to ban non-compete agreements. Plus, a new citywide LPE group in NYC, a junior scholars workshop in NYC, an LPE reading group in Toronto, two great upcoming events, and Matt Stoller on l’affaire Hovenkamp.. . .

What the Telegraph Can Teach Us About the Moral Economy
Essay

What the Telegraph Can Teach Us About the Moral Economy

By

As we grapple with the law’s ability to address today’s most powerful corporations, one interesting yet largely forgotten set of cases can help us find our bearing: the “death telegram” cases. These suits involved claims for emotional distress against telegraph corporations for failing to deliver telegrams involving the death or illness of. . .

Your Boss Doesn’t Care About You
Essay

Your Boss Doesn’t Care About You

By

Through redistribution, or perhaps a scheme cooperative ownership, we can mitigate inequality while still harnessing the power of markets. This is, at least, the promise of market socialism. Yet all markets, even socialist markets, require its participants to act with a certain set of motives if they are to produce efficient outcomes. And it is these motives. . .

Weekly Roundup: January 13, 2023
Weekly Roundup

Weekly Roundup: January 13, 2023

The week in review: a pair of posts by Amy Kapczynski about recent attempts to think beyond neoliberalism, Lina Khan defends the FTC’s proposal to ban noncompete agreements, and you have three days to submit a proposal to the emerging scholars LPE workshop. Plus, some great upcoming events!

Reading the Post-Neoliberal Right
Essay

Reading the Post-Neoliberal Right

By

Setting aside their habit of quoting Augustine, the post-neoliberal right can at times sound surprisingly like fellow travelers in their critique of the market. So how does their vision of life after neoliberalism differ from our own? And what does their arrival on the scene mean for the LPE movement?

What’s Beyond “Beyond Neoliberalism”?
Essay

What’s Beyond “Beyond Neoliberalism”?

By

Neoliberalism, we are increasingly told, has one foot in the grave. It is worth, then, thinking seriously about what comes next. What paradigms might replace it, or give it one more mutated form? One possibility, gaining attention in mainstream progressive policy circles, is what some call “productivism” or “supply side liberalism.” But. . .

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